Allahabad High Court
State Of U.P. Through Principal ... vs Anuj Kumar on 13 February, 2020
Author: Biswanath Somadder
Bench: Biswanath Somadder, Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Court No. - 7 In Re:-C.M. Delay Condonation Application No. 1 of 2020 Case :- SPECIAL APPEAL DEFECTIVE No. - 121 of 2020 Appellant :- State Of U.P. Through Principal Secretary,Forest Department, U.P. Lucknow, and 3 others Respondent :- Anuj Kumar s/o Shri Rishipal Singh r/o village Kaluwala Pahadipur alias Jahanpur, Post Office Jahanpur, District-Saharanpur Counsel for Appellant :-P.K.Ganguly Counsel for Respondent :- Anil Kumar Shukla Hon'ble Biswanath Somadder,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
The applicants are seeking condonation of delay in filing a Special Appeal against an interim order dated 14th August, 2015, passed by a learned Single Judge of this Court in Writ - A No.-45718 of 2015 (Anuj Kumar vs. State of U.P. and three others).
The averments made in section 5 application do not inspire confidence of the Court or demonstrate sufficient cause being shown by the applicants in order to explain a delay of 1610 (one thousand six hundred and ten) days for the purpose of filing an Intra-Court Special Appeal. Rather, it transpires from the averments made in the application seeking condonation of delay that the applicants had taken out a stay vacating application on 5th November, 2015, in respect of the interim order dated 14th August, 2015, but never pursued that application for almost five years for some strange and inexplicable reason. Further, this application seeking condonation of delay does not reveal any details as to who was / were responsible for filing the Special Appeal within time and why filing of the Special Appeal was delayed by a period of 1610 (one thousand six hundred and ten) days. Delay being inordinate and not explained to the satisfaction of the Court, the application seeking condonation of -2- delay is liable to be dismissed.
The application stands accordingly dismissed.
Order Date :- 13.2.2020 Imroz/Deepak (Biswanath Somadder,J.) (Dr. Y. K. Srivastava,J.)